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Banking Regulatory Reform: new challenges
Abel M Mateus New University of Lisbon
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London University College, June 8th, 2011
Outline
• Systemic risk and current response to regulaKon aLer the crisis (huge moral-‐hazard problem)
• Vicker´s Report: too big to fail and conflicts of interest depository v. investment insKtuKons
• Missing micro-‐regulaKon and reform of shadow-‐banking
• Governance reform • Some compeKKon issues
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28/06/2011 3 IMF, The too important conondrum, 2011
Implicit advantages of big insKtuKons
• Despite the added risks they pose to financial stability, compared with systemically less important insKtuKons, their implicit or explicit government backing gives them a funding advantage and, therefore, a compeKKve advantage
• Given their size and importance to their domesKc economies, these insKtuKons may enjoy strong poliKcal Kes and hence may be in a posiKon to influence regulatory policies to their advantage (regulatory capture)
• Over the past decade, the insKtuKons that could be considered as potenKally systemic doubled their market share
• Logit analysis shows that it is higher the probability of a rescue the higher is the share of the bank´s assets to GDP and higher the interconnectedness (and if it is a retail-‐oriented bank)
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Big insKtuKons conKnue to increase market share, even aLer the crisis
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Response to Current RegulaKon
• Systemic risk has not yet been properly evaluated – Brunnermeister CoVar – Duffie 10by10by10 – SKll has to be translated into stress tests
• Risk of each insKtuKon considered in isolaKon: Value at Risk • Capital requirements are sKll procyclical; Basel III sKll relies heavily
in internal models (IRB) • Problem of raKngs has not been solved: self-‐assessment is no
opKon; raKng agencies based on issuer pay • Focus on asset side of the balance sheet • DifferenKal capital treatment across industries
– Response to current regulaKon: “take posiKons that drag others down when you are in trouble” (maximize bailout probability)
– become big, interconnected, hold similar posiKons
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Need new type of regulaKon • Focus on externaliKes –systemic risk contribuKon
– Internalize externaliKes (… just like polluKon) – Fire-‐code analogy: fire-‐protecKon wall – CoVaRi= VaR system|i in distress
• Countercyclical regulaKon – Regulate based on characterisKcs that give rise to future systemic risk contribuKons
• Incorporate funding structure – asset-‐liability interacKon, debt maturity, liquidity risk
• ObjecKve regulatory criteria across financial insKtuKons – Banks, broker-‐dealers, insurance companies, hedge funds,…
• ….Bankruptcy procedure, living will, …. (Geneva Report)
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Macro-‐regulaKon • Problem of weights of risky assets – Public securiKes have a zero weight for OECD countries! When several states are in debt unsustainable paths
– Covered-‐bonds have a low weight (20%) for under-‐writer
– Problems of VARs and Internal models: self-‐regulaKon and self-‐assessment of risk!
• Problem of asset-‐bubbles – Current proposal: increase BIS III raKos – Complementary proposal: increase margins and capital requirements in shadow-‐banking
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28/06/2011 11 Source: Brunnermeier, Berlin Finance Lecture, 2010
28/06/2011 12 Source: Brunnermeier, Berlin Finance Lecture, 2010
Depository and investment separaKon: Vickers compared
• Vickers: ring-‐fence retail banking businesses from wholesale/investment banking acKviKes through firewalls in a banking group – May be the best alternaKve, but needs to be complemented with
other measures – Should it be exported to the EU?
• Separate commercial and investment banking, as under the U.S. Glass-‐Steagall Act of 1933
• Volcker Rule that restricts (with excepKons) banks’ proprietary trading and investment in, or sponsorship of, hedge and private equity funds
• U.S. Swap Pushout Rule that requires certain enKKes relying on federal assistance and with significant swap business to move such acKvity to separately capitalized nonbank affiliates
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Main quesKons for debate • In the Crisis of 2007-‐9, problems arose in investment (shadow) banking and spread to retail
banking: investment banks transformed themselves into BHC in order to have access to FED funding
• How to implement in pracKce the borderline between acKviKes and create stand-‐alone enKKes, avoid cross-‐funding and funds transfer – To protect a bank holding company to seek riskier assets to compensate for higher capital requirements it is
necessary to have rules on what bets a retail subsidiary can make – to prevent it ulKmately behaving like an investment bank in retail clothing
– Lehman´s failure, an investment bank, led to a major increase in overall systemic risk (spread-‐out thru retail banking)
• TechnicaliKes: bail-‐in mechanisms, conKngent capital and subordinaKng the claims of other senior unsecured creditors to those of depositors
• The Basel III risk-‐weighKng system, as the Commission acknowledges, is fundamentally flawed and vulnerable to gaming by the banks
• Provided universal banks maintain minimum capital raKos and loss-‐absorbing debt for their UK retail operaKons, capital could be switched from the UK retail subsidiaries to other banking acKviKes
• Lack of robust cross-‐border resoluKon mechanisms • Mute on supervision issues • Mute on incenKve mechanisms: bank execuKves pay remain substanKally linked to the
inappropriate metric of return on equity, which encourages them to increase leverage
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Micro-‐regulaKon
• The origin of recent financial crisis was in the mortgage lending
• Need for regulatory measures – LimiKng loan-‐to-‐value raKo (70 to 80%) – Real estate valuaKons done by independent appraisers (regulaKon of appraisal business has been neglected)
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• RegulaKon of securiKzaKon (now moving into SMEs, consumer credits, etc.) – Originator-‐to-‐distribuKon model: originator needs to retain at least 10% of risk (mainly equity risk) [Frank-‐Dodd only 5%!]
– Problem of raKngs not yet solved – Slicing of packages should not dilute incenKve to monitor and enforce lending
• RegulaKon of covered-‐bonds – New trend: but regulaKon sKll did not catch-‐up
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The rise of shadow-‐banking • Since in the 1970s, there has been a major shiL in the source of
transacKon media away from demand deposits towards money-‐market-‐mutual funds (MMMFs). MMMFs reached a peak of $3.8 trillion in 2008. Money market funds are registered investment companies that are regulated by the SecuriKes and Exchange Commission (SEC) in accordance with Rule 2a-‐7 adopted pursuant to the Investment Company Act of 1940.
• SecuriKzaKon refers to the process by which tradiKonally illiquid loans are sold into the capital markets, by selling large porxolios of loans to special purpose vehicles (SPVs), legal enKKes that issue rated securiKes in the capital markets. Total non-‐agency ABS issuance reached $1.65 trillion in the eve of 2007.
• Large use of repos, as money under management by insKtuKonal investors (pension funds, mutual funds, states and municipaliKes, and nonfinancial firms) expanded. They handled as much assets as banks. Repo market at $5 trillion in US and $5 trillion in Europe (role of primary-‐dealers) and importance of haircuts.
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Huge risks in shadow-‐banking
Reform of shadow banking regulaKon
• “Group of Thirty” (Group of Thirty, 2009) for the regulaKon of Money Market Mutual Funds having a choice of treatment as either – Type1:“Narrow Savings Banks” with a stable net asset values
– Type 2: conservaKve investment funds with floaKng net asset values and no guaranteed return
Under this system, type (1) funds are clearly within the safety net (explicit insurance), and type (2) funds are not
• Chartering of “Narrow-‐Funding Banks” as vehicles to control and monitor securiKzaKon, combined with regulatory oversight of acceptable collateral and minimum haircuts for repo
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Governance Issues • Regulator/Supervision authority
– Accountable to whom? Government, Parliament? – Avoiding regulatory capture – IncenKve schemes for regulators? – Transparency v. confidenKality (avoiding rumours/panics): publishing reports on failed insKtuKons (what about troubled insKtuKons: market discipline)
• Financial InsKtuKons – Board nominaKon (controls on competence?) – Conflicts of interest (lender/shareholder) – Management fully responsible for troubled insKtuKon – Prompt court acKon in fraud cases – Transparency: reports content
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CompeKKon issues • Need a EU rule of limit of 10% applied to the EU overall market – Although market shares are blunt instruments they establish bright lines that are easy to implement (Frank-‐Dodd Act has it aLer 100 years of anKtrust)
• Methodologies for assessing bank mergers and intensity of compeKKon are not yet well developed throughout EU CompeKKon AuthoriKes
• Easier ways to transfer accounts: SMEs history-‐passport
• Consumer protecKon is not enough: decreasing barriers to switch may entail addiKonal regulaKon
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